Law: Trade Mark Act, 1940

Section: 6 , 1

Trade Marks Act (V of 1940)-- ----S. 6(1)(a)---Registration of trade mark--- Registration of Trade Mark "Boris Becker" relating to sporting  articles  eras  refused  on  the  ground  that  proposed  mark  signified  individual's  name .---Validity---For purposes of S.6(1)(a), Trade Marks Act, 1940, taw diet not necessarily require the registration of a special w particular manner should be requisite only of individual's full name, for many a individuals might carry a similar but abbreviated full name in comparison will: others ---What substantially might appear to be an individual's name might be accepted as such by the Registrar and expression in a special or particular manner might be insisted upon together with compliance with other requirements of law--- Surname alone out of individual's whole .name, would come up for registration under S.6(1)(d) provided other relevant requirements were satisfied ---Non-registration of Trade.. Mark "Boris Becker" by the Registrar, Trade Marks would call for no interference in so far as registration in the manner presently sought was concerned-- -Appellant, however, would be free, if so advised, either to re-apply before Registrar or to seek modification of its applications by offering the proposed mark and if and when such mode was adopted by the appellant, law would take its own course, including procedural requirement of fresh publication in the Trade Marks Journal. [pp. 253, 254] A & B Singer & Co. v. Registrar of Trade Marks AIR 1965 Cal. 417; Calileo Distribution Systems Limited v. Registrar of Trade Marks Miscellaneous Appeal No.14 of 1990); 30 RPC 177; K.S. Shawaksha's Commentry on the Trade Marks Act, 1940, p.15 and 69 RPC 125 ref. Abdul Hameed Iqbal for Appellant. Syed Tariq Ali, Standing Counsel for the Federal Government of Pakistan. Imtiaz Ahmed Shaikh, Assistant Registrar, Trade Marks in person. Date of hearing: 5th September, 1994. JUDGMENT Before the Registrar, registration of words "Boris Becker" in class 28 (i.e. games anal play things; gymnastic 'and sporting articles not included in…